Legality has nothing to do with this. Ebay is a privately owned site, not government owned. They can determine what they do and don't want on their own website.

Actually....

Legality has EVERYTHING to do with it. Our laws allow us to file any kind of suit against any kind of institution, whether private or governmental. It is then up to the courts to decide whether or not there is any legal claim to the issue. Realistically, it is a LOT easier to file action against private enterprise and win than to do so against the government.

You would be able to file action against ebay on this issue for a variety of reasons. Namely?? Discrimination. All used cloth diaper sellers are being discriminated against based soley on ARBITRARY reasons. None of the reasons that ebay has given for pulling cloth diaper listings is valid.

True, Ebay is a private company. However, they serve the public. They are not a retailer who can decide what to and not to sell on their site. They offer a service to the public. By not allowing a certain segment of the public to sell an item that is legally for sale elsewhere means that they are discriminating against that segment of the public.

For example, if you have a website of questionable YET LEGAL, content, your webhost company cannot ban your site or shut you down, just b/c other people are bothered by it. Similarly, EBAY, should not be allowed to ban the sale of legal items, just b/c some people don't like it.

Another legal issue?? Relying on outside snitches to tattle on some listings but not others. If EBAY cannot provide internal enforcement of its policies, then any removal of any listing due to an outside informant is also discriminatory. When one listing is removed b/c of a tattler, but several more go untouched, then there is something inherently wrong with Ebay's system. They need to be able to police their own rules/policies. By relying on outside informants, then they are not equally enforcing their policies across the board. That is discriminatory as well.

For now, what they need to do is make a new policy SPECIFIC to cloth diapers, so that this psycho tattle tailer can't do anythng about it anymore. Ebay can reclassify cloth diapers. Cloth diapers are unique in that, yes, they contact bodily fluids and waste, but also in that they CAN BE SANITIZED for repeated use.... by any number of babies. Just as you would see in any CLOTH DIAPERING SERVICE!!

If EBAY refuses to change this policy, then YES! THEY ARE DISCRIMINATING AGAINST CLOTH DIAPER SELLERS/BUYERS. Keep in mind that selling used cloth diapers is not an ILLEGAL activity (such as porn...) Therefore, any reason ebay offers as to why you CAN'T sell them on ebay had better be a VALID reason. Otherwise, they have no leg to stand on. They are in violation of arbitrary discrimination!!

If they are concerned about liability, then they can require a disclaimer on all used diaper sales.... or mandate washing/sanitizing instructions... BUT TO COMPLETELY BAN THE SALE OF CLOTH DIAPRES IS LEGALLY QUESIONABLE, AT THE VERY LEAST!

If Phillip Morris can legally be forced to offer public service messages about the dangers second hand smoke, then EBAY can be legally forced to not discriminate against its sellers.

Unfortunately (or fortunately) we are living in a very litigious time. Everyone is suing everyone else. I am not very impressed by frivalous law suits. However, it is obvious that thousands of people have been hurt by this EBAY ban of used cloth diapers. Something needs to be done!!

I'm thinking a boycott of eBay would speak louder...the number of usual listings was always over 2000 last I was there and some mamas are saying it would be 3000. Right now it is about 600! That is a lot of money lost for eBay right there. I wish there was a way to have everyone boycott using eBay for any diaper, used or new.

And now I'm hearing they are going after hemp diapering products as well?? :

: I'm so disgusted with eBay for a few reasons but the cloth diaper issue hits it where it counts for me, I'm thinking of not even buying anything from other sellers (b/c that supports eBay too when you think about it) and I'm definately not going to list there again. It costs too much money to list now anyways.

Yes, let's boycott. Not that we have to boycott the used diapers.... Ebay took care of that one for us... but EVERYTHING. I am planning to list on www.buzzshops.com . I know that there is little traffic right now, but the listings are free. So, I figured I'd give it a try.

I, too, plan to eradicate ebay from my conscience. I can definitely do without!! I just don't like the way they are treating us.

So, in that case, you support the ban. In your own words, ebay can do whatever they want.

The point you are missing is that it isn't just THEIR site. It is a public auction place, open to all to join. It is not a private retail enterprise, at which they absolutely could ban things that they didn't want to sell. Rather, they offer a SERVICE to buyers and sellers. It is a place of doing business, a marketplace. They cannot discriminate against a type of buyer/seller in this type of situation.

Therefore, it isn't quite as ABSURD, as you put it.

Plus, in my post, I stated that " TO COMPLETELY BAN THE SALE OF CLOTH DIAPRES IS LEGALLY QUESIONABLE". Why, then, is it so ABSURD, to QUESTION this ban? Without question, where would we be?

I suppose, based upon your logic, that the 4525 people who have signed the petition to allow the sale of cloth diapers are ABSURD, TOO?

So, in that case, you support the ban. In your own words, ebay can do whatever they want.

Of course I don't support the ban. Just because they can do it doesn't mean they should do it.

Quote:

Originally Posted by clothdiaperingdad

The point you are missing is that it isn't just THEIR site. It is a public auction place, open to all to join. It is not a private retail enterprise, at which they absolutely could ban things that they didn't want to sell. Rather, they offer a SERVICE to buyers and sellers. It is a place of doing business, a marketplace. They cannot discriminate against a type of buyer/seller in this type of situation.

It IS their site. They are not discriminating against a kind of people. We are free to buy and sell on their site as long as we don't buy/sell banned items. If I owned a real-life brick-and-mortar auction house, I would be perfectly within my legal rights to choose not to host auctions for certain products. It would be absurd for you to propose to sue me.

Quote:

Originally Posted by clothdiaperingdad

Why, then, is it so ABSURD, to QUESTION this ban? Without question, where would we be?

It is not absurd to question the ban. The idea that they are not within their legal rights is absurd.

Quote:

Originally Posted by clothdiaperingdad

I suppose, based upon your logic, that the 4525 people who have signed the petition to allow the sale of cloth diapers are ABSURD, TOO?

Of course not. I'm one of them. I fully support a consumer complaint, a petition, a protest, a boycott, persuasion, pressure, and a host of other tools. But a legal challenge? It would be without grounds.

-Alice, SAHM to dd (2001) and ds (2004) each of whom was a , who each self-weaned at 4.5 years , who both 'd, who were both, and both: . Also, , and !

Of course I don't support the ban. Just because they can do it doesn't mean they should do it.

It would be absurd for you to propose to sue...

.... But a legal challenge? It would be without grounds.

OK, I'll grant you that some people might call the action of legal suit absurd. In fact, I guarantee you that in a public opinion poll, the majority of people would say this is ALL aburd. (In fact, most people (of whom I am not one) still think that the idea of cloth diapers is absurd.)

However, many people thought it was absurd that the person who spilled hot coffee on themselves at McDonald's was awared millions for it... This is ridiculous to me... they had no grounds to sue McD's.... they spilled it on themselves... But not ridiculous to the courts....

That is why legal action, when so much is at stake for so many people, is not completely OUT OF THE QUESTION.

When spelled out in court, it could go either way. Especially in favor of the better attorney

Sustainer, Thanks for the GREAT debate. No hard feelings, just banter...

It really is just food for thought. I am angered by Ebay's action, and do feel that when examined carefully, Ebay is NOT behaving very kosher. They are acting unfairly, especially when relying on tattlers to remove listings. If they cannot police their policies themselves, then they need to restructure. B/C for every listing that is removed by a tattler, perhpas 10 or more of the same type of listings go unscathed. That is not fair, either.

EBAY isn't just the everyday place of business. It is a monolith within the global economy. They cannot be excluding sellers of cloth diapers b/c of their ignorance. Plus, I am honestly not confident that our petition will even phase them. Yes, they are losing money... but ....

When spelled out in court, it could go either way. Especially in favor of the better attorney

And who would have the better attorney? A group of cloth diaper people? Or a multi-billion dollar corporation?

I, too, am very much against Ebay's decision, and I don't think they could have made it based on a careful consideration of the facts about cloth diapers. I agree with you as far as the fact that I don't think the decision is fair and I agree that they should rethink it. I agree that Ebay is a major marketplace. I agree that they should not ban cloth diapers and that their decision is probably based on ignorance. I also agree that our petition might not change their minds and that they make SO much money that their commissions from cloth diaper sales are probably just a drop in the bucket.

I think one good idea is to mount a national compaign to try to get as many people as possible to boycott ebay completely. Not just cloth diapers -- everything. Not just cloth diaper users -- everybody. We should get people to write to them and say that even if this ban doesn't affect them directly, they are going to stop shopping at Ebay on principle.

I also don't see the harm in trying to reason with Ebay about this decision. We should ask them what their factual basis, if any, is for declaring previously owned cloth diapers to be unhygienic. Whatever reason they give (if any), we will be able to argue against it, because I'm convinced we're in the right. If their decision IS based on ignorance, it is important to remember that ignorance is curable.

-Alice, SAHM to dd (2001) and ds (2004) each of whom was a , who each self-weaned at 4.5 years , who both 'd, who were both, and both: . Also, , and !

I don't know if it's already been mentioned but I bet that cloth diaper auctions with a BIN are much more likely to end sucessfully for the seller. All it takes is for a buyer to find the auction before a tattler or ebay employee.

This is a little OT, but it's a petition to ebay about banning (or at least changing the way these are listed) EXPIRED carseats.

Knowing that ebay currently allows (without any specific regulation) the sale of expired and unsafe carseats may make some of you even a little madder about the cloth diaper ban.

I do personally feel that ebay has the right to ban/allow whatever they choose and we have the right to use other's services instead. That is the spirit of our country. However if they care one iota about peoples safety they will act upon this petition.

If EBAY refuses to change this policy, then YES! THEY ARE DISCRIMINATING AGAINST CLOTH DIAPER SELLERS/BUYERS. Keep in mind that selling used cloth diapers is not an ILLEGAL activity (such as porn...) Therefore, any reason ebay offers as to why you CAN'T sell them on ebay had better be a VALID reason. Otherwise, they have no leg to stand on. They are in violation of arbitrary discrimination!!

OT, but porn is not illegal in the US. Prostitution yes (unless you're in some parts of Nevada), but porn is perfectly legal as long as it's not child porn or bestiality.

As for ebay and their policies, I don't understand why they won't allow used diapers. From a business perspective, they are losing a lot of money. I remember not that long ago that listings in the CD section were in the tens of thousands, now they barely reach 1k.

I listed 7 different Fuzzi Bunz listings on Ebay yesterday and all but two were ended by them, but not at the same time. The only reason they didn't end the other two was because one of them was a buy it now with in the first hour of listing them and the other I beat them to it and sold almost all of them behind their back. It's a real shame. I felt bad for all of the people interested and had to try to be fair so I just created one email and sent it to everyone that questioned me about the auctions. It was one price, what was included and first one to confirm and then make an immediate payment received them. I took a bigger loss than if they had been allowed to auction, but I'm really fed up with ebay and their practices right now.

I just had a couple of auctions pulled from ebay (april 19, 2007). IS there any alternative to ebay for selling used dipes? I think this "no underwear" policy is ridiculous...being able to buy used is the way I was able to start cloth dipaering!

I just had a couple of auctions pulled from ebay (april 19, 2007). IS there any alternative to ebay for selling used dipes? I think this "no underwear" policy is ridiculous...being able to buy used is the way I was able to start cloth dipaering!

Well, there is the for sale board here on The Trading Post but you have to have a minimum number of posts before you can enter there -- 50?. There is also the FSOT boards on the Diaper Pin and the Diaperswappers boards.

I bid on some used cds, maybe a week ago, and before it ended, I got a notice the auction had been pulled, but I wasn't sure why. This explains it. Signed the petition. Hope it helps overturn a ridiculous rule.